Q/ Our employees were required to work on a recent public holiday. A number of them called in “sick” on the day. Can we deduct a day of leave from their personal/carer’s leave balance or do we have to pay them for the public holiday.
A/ You will have to pay them for the public holiday and cannot deduct a day of personal/carer’s leave for the day.
While the reason for the employees’ absence was their illness, you cannot be on annual or personal/carer’s leave on a public holiday. (Sections 89 and 98 of the Fair Work Act).
Source: TAPS